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MATTER OF SABATER

184 A.D.2d 953 (1992)

In the Matter of the Claim of Gilbert Sabater, Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 18, 1992

Claimant, a maintenance engineer, was fired when he refused to work periodically on the weekends. The evidence establishes that claimant was advised when he was hired that he would occasionally have to work weekends. Although he had done so in the past, claimant began to refuse to do weekend work when he did not receive the raise that he had expected. Claimant testified that, had he gotten the raise he wanted, he would have worked...

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